FLK 1 Mock Nov

Question 1

Writ of Control vs Warrant of control

Answer 1

Writ: High Court, for debts more than 600.- faster, greater powers, high court officers.

Warrant of control- less than 5000, limited powers, county court bailiffs

Question 2

What are the intrinsic and extrinsic rules of statutory interpretation?-5

Answer 2

Intrinsic (within the statute):

Literal Rule – Words are given their ordinary, grammatical meaning (R v Judge of the City of London Court, 1892).

Golden Rule – Modifies the literal meaning to avoid absurdity (Re Sigsworth, 1935).

Mischief Rule – Focuses on addressing the “mischief” the law was meant to fix (Heydon’s Case, 1584).

Extrinsic (outside the statute):

Purposive Approach – Looks at the law’s broader purpose and intent (Pepper v Hart, 1993).

Extrinsic Aids – Uses external tools like dictionaries (e.g., Oxford English Dictionary) or Hansard to clarify meaning.

Question 3

Human rights, freedom religion

Answer 3

qualified right- manifesting a religion belief
absolute right - having a religious belief

Question 4

How do Uk courts consider decisions of Echr

Answer 4

2 of the Human Rights Act 1998, domestic courts are required to take into account judgments of the ECtHR.

Question 5

Who ar ECHR binding on

Answer 5

ECHR place duties only on the state and not upon individuals within the state.

Question 6

CPA 1987 – Liability as an “Own Brander

Answer 6

If a party puts its name, trademark, or other distinguishing feature on a product, it is considered a producer, even if it did not manufacture the product (Section 2(2)(b) CPA 1987). _eg rebranding products from china

claimant does not need to prove negligence; they only need to show:
The product was defective.
The defect caused damage or injury

Question 7

6 types of legal services

Answer 7

The exercise of a right of audience: The right to appear before and address a court, including calling and examining witnesses.
The conduct of litigation: Initiating, prosecuting, and defending court proceedings, as well as related ancillary activities.

Reserved instrument activities: Preparing or lodging formal legal documents related to land transactions or court proceedings.

Probate activities: Preparing papers necessary for obtaining grants of probate or letters of administration.

Notarial activities: Certifying and authenticating documents, typically for international use.

The administration of oaths: Administering oaths required by legal processes.

Question 8

Rule in rylands v fletcher

Answer 8

bring somehting on land for improper purpose- non natural
it escapes and causes property to their land, you are responsible

Question 9

required resolution to allot new seperate class of shares

Answer 9

ordinary resolution of shareholders not sepcial s550 CA

Question 10

cpr44.3.2- reqs for indeminty basis vs ordinary basis

Question 11

General cost management Part 7

Answer 11

The general rule is that the unsuccessful party (the loser) pays the costs of the successful party (the winner), as well as its own costs, although the court may make a different order.

standard basis on the multi-track the court will only depart from an agreed or approved budget if there is a good reason to do so.

Judge has discretion to do indeminity basis

Question 12

Cost amangement, std basis vs indeminty basis

Answer 12

Standard basis – costs must be proportionate to the size of the claim. If any element is disputed on grounds of proportionality, the dispute will be resolved in favour of the paying party. Under an award on the standard basis the winner can expect to recover perhaps 70% of incurred costs;

Indemnity basis -any doubt on proportinate, its resolved in favor of the receiving party. can expect to recover perhaps 80% of costs

Question 13

requirements to impose conditions for public disorder

Answer 13

s 14 Public Order Act 1986 (POA 1986) the chief police officer (present) may impose conditions on an assembly where they reasonably believe that an assembly might result in serious public disorder and the conditions imposed are necessary to prevent such disorder.

Question 14

Requirements for Interim prohibition injunction

Answer 14

a court order to stop the D from acting in a certian way

• is there a serious issue to be tried? (some chance of success?)
• balance of convenience- could each party be adequately compensated by damages (could c or d be comp for any intermin losses from the injunction? consider- ability to pay, damage to buisness/ livelyhood)

if they cant be comp then no injunction, same for if no chance of success then no

Question 15

Requirements with CH for filing a charge

Answer 15

Copy of instrument and fee to CH within 21 days.

If not 21 days- void agaist liquidator, administrator, creditor and debt is immediately payable

Question 16

Status of Devolved matters, can the welsh parliment leglislate on matters not expressly devolved?

Answer 16

Yes, has the power to pass legislation on all matters which are **not explicitly reserved ** to the Westminster Parliament. (

Question 17

occupier liabiliity whre a person is comitting a crime or attempting to?

Answer 17

s1(1) of the Law Reform (Contributory Negligence) Act 1945- a person doing something negligently/ dangerous/ careless may still have a claim for damages but damages will be reduced to extent as court sees just and equitable.

Question 18

Req for Third party debt order?

Answer 18

Creditor applies to court without notice- Form n349, may grant immediately or may have a hearing 28 days later

copies of the interim order then served and notice given on 3rd party at least 21 days before final hearing

debtor served up to **7 days after service on the 3rd party **but 7 days before the hearing

effectively, you serve on 3rd party to freeze account/ payments, then notify the debtor after.

Question 19

Contributory negligence in tort tarrif reduction

Answer 19

Froom v butcher 1975- reduction of 15% is likely where damages less servere for their contribution

25% where damages would be completely avoided but for their contribution

ps. defence of illegality only applies for serious criminal offence

Question 20

Test for claimant breaking chain of causation tort

Answer 20

Conduct must be wholly unreasonable- must go beyond mere negligence or poor judgment and must amount to an entirely unreasonable response

forseability-If the claimant’s conduct is reasonably foreseeable as a response to the defendant’s actions, it will not break the chain of causation. Courts often consider whether the claimant’s actions fall within a range of expected behavior in the given circumstances.

Question 21

s 43 CA 2006- req to enter into a contract for company?

Answer 21

must be signed by the company by a person acting under its authority express or implied.
what else?

Question 22

Public order- Trespassory assembly and public protest

Answer 22

• s14a CJPOA 1994:
  local authority needs approval rom secretary of state to ban a trespassory assembly.

police can advise Local authority if they believe: - serious disruption to community will occur or

significant damag to property- they cannot issue the ban themselves

For public protest- Police can impose conditions for same reasons as advise- community disruption or serious damage

if protest becomes unlawful they have immediate powers to intervene, arrest, disperse